281.36(7)(c)4. 4. If the department determines that no practicable alternative exists after conducting the examination under subds. 2. and 3., the department may require that the applicant implement a mitigation project under s. 281.37 (2).

281.36(8)(a)(a) In lieu of issuing individual water quality certifications under this section, the department may issue a general water quality certification for types of discharges that the department determines are similar in nature or for the purpose of simplifying the certification process if the discharges meet all of the following standards:

281.36(8)(a)1. 1. The discharges will cause only minimal adverse environmental effects, as determined by the department, if they are performed separately.

281.36(8)(b) (b) No general water quality certification issued under par. (a) may be effective for more than 5 years after the date of its issuance.

281.36(8)(bn)1.1. The department shall issue general water quality certifications that are consistent with all of the general permits issued under 33 USC 1344 (e) that applied on January 8, 2001, to nonfederal wetlands located in this state.

281.36(8)(bn)2. 2. If a general permit as specified in subd. 1. is amended or modified after January 8, 2001, the department shall incorporate the amendments or modifications into the general water quality certification issued under subd. 1. and may not otherwise amend or modify the general water quality certification.

281.36(8)(c) (c) If the department determines that any of the discharges under a general water quality certification issued under par. (a) fails to meet any of the standards in par. (a), the department shall modify the certification so that the discharges meet all of the standards. If the department cannot modify the certification so that all of the standards will be met or if the department determines that the discharges subject to the general certification are more appropriately certified by using individual water quality certifications, the department shall revoke the general certification.

281.36(8)(d) (d) Before issuing, modifying, or revoking a general water quality certification issued under par. (a), the department shall provide notice and a hearing under ss. 227.17 and 227.18.

281.36(8)(e) (e) Subsection (2) (b) does not apply to general water quality certifications issued under this subsection.

281.36(9)(a)(a) For purposes of enforcing this section, any employee or other representative of the department, upon presenting his or her credentials, may do any of the following:

281.36(9)(a)1. 1. Enter and inspect any property on which is located a nonfederal wetland, or part of a nonfederal wetland, for which an application for a water quality certification has been submitted to the department.

281.36(9)(a)2. 2. Enter and inspect any property on which is located a nonfederal wetland to investigate a discharge of dredged or fill material that the department has reason to believe is in violation of this section.

281.36(9)(am) (am) An employee or representative of the department may not exercise the authority granted under par. (a) 1. before the date on which the application is submitted. If the application is denied or withdrawn, an employee or representative of the department may not exercise this authority after the date on which the application is denied or withdrawn. If the application is approved, an employee or representative of the department may not exercise this authority after the 30th day immediately following the completion date of the discharge of the dredged or fill material or the completion date of any conditions imposed under the water quality certification, whichever date is later.

281.36(9)(ar)1.1. Before entering and inspecting a property under par. (a) 2., the department shall make at least one of the following requests:

281.36(9)(ar)1.b. b. A request, orally or in writing, that the proprietor provide an oral or written explanation, as elected by the department, concerning the activity that the department has reason to believe may constitute a violation of this section.

281.36(9)(ar)2.a.a. If the proprietor grants consent for the entry on, and the inspection of, the property to investigate a discharge as authorized under par. (a) 2., the department, upon reasonable advance notice, may enter and inspect the property in compliance with the terms of the consent granted by the proprietor.

281.36(9)(ar)2.b. b. If the proprietor refuses to grant consent for the entry on, or the inspection of, the property or if the proprietor's explanation or terms of consent are not acceptable to the department of natural resources, the department of natural resources may apply for, obtain, or execute a special inspection warrant under s. 66.0119 or refer the matter to the department of justice for enforcement under s. 299.95.

281.36(9)(ar)2.c. c. If the proprietor fails to respond to all requests made under subd. 1., an agent of the department of natural resources may apply for, obtain, and execute a special inspection warrant under s. 66.0119.

281.36(9)(ar)3. 3. Any employee or representative of the department may make the requests under subd. 1. or enter or inspect property under subd. 2. a. only during reasonable hours.

281.36(9)(b) (b) Any employee or representative of the department may exercise the authority granted under par. (a) 1. or 3. only during reasonable hours and only after the department has provided reasonable advance notice to the proprietor of the property involved or to the holder of the water quality certification.

281.36(9)(c) (c) An employee or representative of the department may not gain access to or inspect any records as authorized under par. (a) 3. unless the holder of the water quality certification, or the holder's designee, is present or unless the holder of the certification waives this requirement.